Donovan v. Compagnie Generale Trans-Atlantique

Van Vorst, J. (at special term).

The action is against the defendant as a common carrier, for the nondelivery to the plaintiff, and for the loss to her, of a case of merchandise entrusted to the defendant for carriage.

I do not understand the third defense, and which is claimed by the plaintiff to be irrelevant, to aver distinctly that the “ case” in question, contained merchandise shipped by the plaintiff with the intention of being smuggled into the United States in violation of the revenue laws.

The averment that she did deliver baggage and merchandise at the time, for such purpose, does not…